MOKHAIBER, Tarek v R [2011] NSWCCA 10

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: MOKHAIBER, Tarek v R [2011] NSWCCA 10 Hearing dates: 1 December 2010 Decision date: 11 February 2011 Before: James J at 1, Hislop J at 2, Price J at 3 Decision: 1. Leave to appeal granted. 2. Appeal against sentence allowed. 3. Quash the sentence imposed for count 5. 4. In lieu thereof, sentence the applicant to imprisonment with a non-parole period of 2 years commencing 18 March 2010 and expiring 17 March 2012 with a balance of term of 1 year expiring 17 March 2013. 5. Quash the sentence imposed for count 6. 6. In lieu thereof, sentence the applicant to imprisonment with a non-parole period of 2 years commencing 18 March 2010 and expiring 17 March 2012 with a balance of term of 2 years expiring 17 March 2014. 7. In all other respects confirm the sentences imposed by the sentencing judge. The applicant is eligible to be released on parole on 17 March 2012 Catchwords: CRIMINAL LAW - appeal - sentencing - diagnosis of terminal condition of applicant's young child after sentence - fresh evidence allowed - highly exceptional circumstances - sentence reduced Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Iglesias v R [2006] NSWCCA 261 Markovic v R; Pantelic v R [2010] VSCA 105 R v Ashton [2002] NSWCCA 498 R v Dent (NSW Court of Criminal Appeal, 14 March 1991, unreported) R v Edwards (1996) 90 A Crim R 510 R v Ehrenburg (NSW Court of Criminal Appeal, 14 December 1990, unreported) R v Mioduszewski [2004] NSWCCA 154 Stumbles v R [2006] NSWCCA 418 Category: Principal judgment Parties: Tarek Mokhaiber (Applicant) Crown (Respondent) Representation: Counsel: S Odgers SC (Applicant) S Dowling (Respondent) Solicitors: Bannister Lawyers & Attorneys (Applicant) S Kavanagh - Solicitor for Public Prosecutions (Respondent) File Number(s): CCA 2009/130378 Decision under appeal Jurisdiction: 9101 Date of Decision: 2009-11-02 00:00:00 Before: Keleman DCJ File Number(s): 2009/130378